Metro ~ 600 NE Grand Ave. www.oregonmetro.gov
Portland,OR 97232-2736
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October 1, 2010 COCT Of
Amin t agard
ion
Mr. Craig Prosser
City Manager
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223-2642
Ms. Kim McMillan
Project Manager
City of Tigard
13125 SW Hall Blvd
Tigard, OR 97223-2642
Dear Mr. Prosser and Ms. McMillan,
Enclosed are two copies of the signed agreement regarding disposition of funding
authority originally allocated to the Washington Square Regional Center Trail project.
With this agreement in place, Metro staff will initiate the process of amending the
Metropolitan Transportation Improvement Program (MTIP)to reflect the agreement.
We will be in contact with your staff to determine their availability for upcoming
meetings to consider approval of the request.
Thank you for your work in moving the project forward to this point.
Sincerely,
Ted Ley old
MTIP Manager
Printed on recycled-content paper.
MEMORANDUM OF UNDERSTANDING
BETWEEN METRO AND
CITY OF TIGARD
FOR
WASHINGTON SQUARE REGIONAL CENTER TRAIL
This MEMORANDUM OF UNDERSTANDING ("MOU")is made and entered into by and between
METRO, the Portland Urbanized Area Metropolitan Planning Organization("MPO"), acting by and through
its elected officials, hereinafter referred to as"METRO,"and CITY OF TIGARD, hereinafter referred to as
"TIGARD,"collectively referred to as the"Parties."
WHEREAS, by authority granted in ORS 190.100 and 283.110, units of local government or state
agencies may enter into agreements for the performance of any or all functions and activities that parties
to the agreement, or their officers or agents, have the authority to perform, and
WHEREAS, METRO and TIGARD are interested in establishing and maintaining a collaborative
partnership for the development of the Washington Square Regional Center Trail Project: Hall to
Greenberg, hereinafter referred to as"PROJECT"; and
WHEREAS, TIGARD was awarded$386,000 in Regional STP funding authority from the 2004-07
Regional Flexible Fund Allocation process to design a multi-use trail project in the Washington Square
regional center area from Hall to Greenberg and acquire right-of-way and construct the PROJECT
between Hall and Highway 217, and
WHEREAS, in initial development of the PROJECT, TIGARD has discovered previously unidentified
environmental and right-of-way impact issues that make construction of the trail at the estimated cost
infeasible, and
WHEREAS, the PROJECT is currently programmed in federal fiscal year 2011 of the 2008-11 MTIP and
STIP under ODOT Key#13527, and
WHEREAS,TIGARD proposes to construct the Fanno Creek trail in the Tigard town center area between
Main Street and Hall Boulevard with at least$430,180 of local funds if the federal funding on the
Washington Square regional center trail project can be redeployed to other Tigard managed federal aid
projects, and
WHEREAS,TIGARD has also received Transportation Enhancement funding for the Tualatin River
Bridge project that utilized $251,071 in Regional STP funding authority from the Washington Square
Regional Center Trail project in exchange for a commitment of local funding to the Trial project, and
WHEREAS, TIGARD has also received $2,540,000 in Regional STP fund authority for the Main Street:
99W to Railroad project that can utilize the remaining balance of$134,929 in Regional STP funding
authority from the Washington Square Regional Center Trail project, and
NOW THEREFORE, the premises being in general as stated in the foregoing, it is agreed by and
between the Parties hereto as follows:
TERMS OF AGREEMENT
1. Pursuant to the authority cited above, TIGARD agrees to carry out the Fanno Creek Trail Project, as
described in this MOU and in the terms and conditions of Intergovernmental Agreements(IGAs)that
may be entered into by the Parties.
2. This MOU is effective October 1, 2009 through September 30, 2014. Either Party may terminate this
MOU at any time by providing written notice of such termination to the other Party.
3, This MOU may be revisited and modified as needed, when the Parties so determine. Any
modification to this MOU shall not be effective unless it is in writing and signed by both Parties.
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4. This MOU in no way restricts either Party from participating in similar activities with other public or
private agencies, organizations, or individuals.
5. This MOU is neither a fiscal nor a funds obligation document. Any endeavor or transfer of anything of
value involving reimbursement or contribution of funds between the Parties to this MOU will be
handled in accordance with applicable laws, regulations, and procedures. Such endeavors will be
outlined in a separate written IGA(s)between the Parties and shall be independently authorized by
appropriate statutory authority. This MOU does not provide such authority.
6. The principal contacts for this MOU are:
Ted Leybold Kim McMillan
MTIP Manager Project Manger
Metro City of Tigard
600 NE Grand Avenue 13125 SW Hall Blvd
Portland, OR 97232 Tigard, OR 97223-8187
Phone: (503)797-1759 Phone: (503) 718-2642
Fax: (503) 797-1911
METRO AGREES TO:
1. Amend the MTIP/STIP to eliminate programming of$251,071 of local funding and reprogram
$134,929 of STP funding from the Washington Square Regional Center Trail project to the Tigard
Main Street project.
2. Amend the MTIP/STIP to program $430,180 of local funding on the Fanno Creek Trail: Hall to Main
Street project.
TIGARD AGREES TO:
1. Design and build the Fanno Creek Trail project between Hall Boulevard and Main Street using a
minimum of$430,180 in local funding(the original $386,000 of Regional STP funding plus required
local match of 10.27% of total project cost).
2. Provide periodic reporting to Metro on the progress in executing this project and request any
significant changes in scope or schedule to the work program for approval by the Principal Contact
for Metro.
3. If TIGARD does not adequately complete the project deliverables described above, $386,000 of
Regional STP funding authority or an amount up to$386,000 as determined by the MPO governing
board: the Joint Policy Advisory Committee on Transportation(JPACT),will be reprogrammed from
the Tigard Main Street project to the Washington Square Regional Center Trail project. If no funding
authority remains on the Tigard Main Street project at the time the JPACT decides to reprogram
Regional STP authority to the Washington Square Regional Center Trail project, future Regional
funding authority may be withheld from TIGARD until such time as JPACT determines that the
obligation to develop the Washington Square Regional Center Trail project is met.
IN WITNESS WHEREOF, the Parties hereto have set their hands and affixed their seals as of the day
and year written above.
METRO CITY O TIGA
Robin McArthur Craig P sser
Director of Planning & Development Citypager
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Datd Date
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